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MERCIER v. U.S. DEPT. OF LABOR

No. 15-3369.

850 F.3d 382 (2017)

Michael MERCIER, Petitioner v. UNITED STATES DEPARTMENT OF LABOR, Administrative Review Board, Respondent. Union Pacific Railroad Company, Intervenor.

United States Court of Appeals, Eighth Circuit.

Filed: March 2, 2017.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the petitioner was Richard Allen Williams, Jr. , of Saint Paul, MN. The following attorney(s) appeared on the petitioner brief; Megan Spriggs of Saint Paul, MN.

Counsel who presented argument on behalf of the respondent was David Louis Edeli , of San Francisco, CA.

Counsel who presented argument on behalf of the intervenor was Rebecca B. Gregory , of Omaha, NE. The following attorney appeared on the intervenor brief; Ryan D. Wilkins , of Omaha, NE.

Before COLLOTON, BEAM, and GRUENDER, Circuit Judges.

Michael Mercier petitions for review of the final decision and order of the Department of Labor's Administrative Review Board (ARB), which affirmed the Department of Labor's Administrative Law Judge (ALJ), in Mercier's Federal Rail Safety Act (FRSA) retaliatory termination action. We deny the petition for review and affirm the...

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